House File 356 - Introduced HOUSE FILE 356 BY ALONS A BILL FOR An Act requiring applicants for and participants in certain 1 public assistance programs administered by the department of 2 human services to participate in a substance abuse screening 3 program. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2327YH (3) 84 jp/nh

H.F. 356 Section 1. NEW SECTION . 217.14 Public assistance programs 1 —— substance abuse screening. 2 1. For the purposes of this section, unless the context 3 otherwise requires: 4 a. “Department” means the department of human services. 5 b. “Public assistance program” means the food assistance 6 program food programs under chapter 234, the family investment 7 program under chapter 239B, or the medical assistance program 8 under chapter 249A. 9 c. “Substance abuse screening program” or “screening program” 10 means the substance abuse screening program administered 11 pursuant to this section. 12 2. As a condition of eligibility for an adult applicant 13 or adult participant to receive public assistance program 14 benefits, the applicant or participant shall, if not otherwise 15 prohibited by state or federal law, agree to participate in the 16 substance abuse screening program. 17 3. The department shall design and implement a substance 18 abuse screening program for adult applicants for and adult 19 participants in public assistance programs. To the extent 20 authorized under applicable federal requirements, the program 21 shall include but is not limited to all of the following 22 elements: 23 a. Periodic screening of the applicant’s or participant’s 24 blood or urine for the presence of a controlled substance. 25 b. A blood or urine screening is performed prior to the 26 applicant’s initial receipt of public assistance. 27 c. A subsequent blood or urine screening of a participant is 28 performed at least annually with random assignment of a month 29 in which the participant is required to submit to the screening 30 upon receipt of notice from the department. 31 d. The results of the blood or urine screening shall not be 32 admissible in any criminal proceeding without the consent of 33 the person subject to the screening. 34 e. Provision for the cost of the blood or urine screening to 35 -1- LSB 2327YH (3) 84 jp/nh 1/ 3

H.F. 356 be deducted from the public assistance program benefits payable 1 to the applicant or participant. 2 f. Other design, operation, and standards provisions adopted 3 in rule to ensure the program is implemented in a fair and 4 economical manner. 5 4. An adult applicant or adult participant shall be 6 ineligible for public assistance program benefits if any of the 7 following is applicable: 8 a. The applicant or participant does not participate in the 9 substance abuse screening program. 10 b. The applicant or participant tests positive in a 11 substance abuse test administered under the screening program 12 for the presence of either of the following: 13 (1) A substance listed in schedule I under section 124.204. 14 (2) A substance listed in schedule II, III, or IV under 15 chapter 124 that was not prescribed for the applicant or 16 participant. 17 EXPLANATION 18 This bill requires applicants and participants in certain 19 public assistance programs administered by the department of 20 human services to participate in a substance abuse screening 21 program. 22 New Code section 217.14 defines “public assistance program” 23 to mean the food assistance program or food programs under Code 24 chapter 234, the family investment program under Code chapter 25 239B, or the medical assistance (Medicaid) program under Code 26 chapter 249A. 27 An applicant or participant for a public assistance program 28 is required as a condition of eligibility for the program, 29 unless prohibited by state or federal law, to participate 30 in the substance abuse screening program created by the 31 department pursuant to the bill to the extent authorized under 32 federal law. An applicant is subject to a blood or urine 33 screening prior to initial receipt of public assistance and at 34 least annually while receiving assistance. The results of a 35 -2- LSB 2327YH (3) 84 jp/nh 2/ 3

H.F. 356 screening are not admissible in any criminal proceeding without 1 the consent of the person subject to the screening. The cost 2 of the blood or urine screening is to be deducted from the 3 public assistance program benefits payable to the applicant or 4 participant. Other design, operation, and standards provisions 5 are required to be adopted in rule to ensure the program is 6 implemented in a fair and economical manner. 7 An applicant or participant is ineligible for public 8 assistance program benefits for failure to participate in the 9 substance abuse screening program or for testing positive in a 10 substance abuse test administered under the screening program 11 for the presence of either of the following: a substance 12 listed in schedule I under Code section 124.204 or for a 13 substance listed in schedule II, III, or IV under Code chapter 14 124 that was not prescribed for the applicant or participant. 15 -3- LSB 2327YH (3) 84 jp/nh 3/ 3